SINGLE-USE ITEM BY-LAW GUIDE - JULY 2021 - VANCOUVER.CA/REDUCE-SINGLE-USE - City of Vancouver
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CONTENTS Reducing Single-Use Items During COVID-19................................................................................................................... 3 By-Laws at a Glance......................................................................................................................................................................4 Which By-Laws Apply to Your Organization..................................................................................................................... 5 Foam By-Law....................................................................................................................................................................................6 Plastic Straw By-Law.................................................................................................................................................................... 8 Utensils By-Law............................................................................................................................................................................. 12 Cup By-Law..................................................................................................................................................................................... 14 Shopping Bag By-Law................................................................................................................................................................ 18 Compostable and Degradable Plastics............................................................................................................................. 22 Suggested Alternatives............................................................................................................................................................ 24 Enforcement.................................................................................................................................................................................. 26 Federal Regulation of Single-Use Items............................................................................................................................27 TOOLKITS Toolkits with educational materials are available to help businesses, charities and not-for-profits communicate these by-law changes to staff and customers. Download or order your toolkit by mail at vancouver.ca/reduce-single-use Toolkits include: • Till topper tent cards (for point of sale) • Posters • Digital files for checkout stands and menu screens • Menu icon and sticker sheets for flexible plastic straws (for accessibility) • Sample flexible plastic straws, individually wrapped in paper (for accessibility) • FAQs The toolkits are available in six languages: • English • Traditional Chinese • Simplified Chinese • Punjabi • Vietnamese • Filipino (Tagalog) 2 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
REDUCING SINGLE-USE ITEMS DURING COVID-19 BEING LEADERS IN SUSTAINABILIT Y AND WASTE REDUCTION IS STILL PART OF VANCOUVER’S DNA . The City remains fully committed to reducing waste and litter from single-use items and transforming Vancouver into a zero waste community by 2040. As we take steps to reduce waste from single-use items during COVID-19, we have worked to ensure all of our by-laws align with the latest public health guidelines and protect the health and safety of residents, businesses and their staff. For the latest COVID-19 health requirements and resources, please visit: • The Provincial Health Officer's web page for orders, notices and guidance. • The British Columbia Centre for Disease Control (BCCDC), including the food business web page. • Vancouver Coastal Health's environmental health and inspections web page. • Work Safe BC. Enforcement during COVID-19: Due to the extenuating circumstances of COVID-19, City staff are prioritizing outreach and education to ensure businesses have the support they need in order to comply with the single-use item by-laws. Enforcement will be reserved for cases of deliberate and harmful non-compliance after all outreach and education efforts have been exhausted. For more information on enforcement, go to PAGE 26. Single-use items represent the wastefulness of our modern throw-away society. The City’s Single-Use Item Reduction Strategy targets reducing single-use items made from all types of materials, not just plastics. We recognize that all materials have environmental, social or resource impacts, which is why we’ve prioritized “Avoid, Reduce and Reuse”. We know we can’t recycle our way to zero waste. S I N G LE- U S E ITEM BY- L AW G U I D E | 3
BY-LAWS AT A GLANCE FOAM CUPS AND FOAM TAKE-OUT CONTAINERS Effective January 1, 2020 » Go to page 6 • Ban on foam cups and foam take-out containers. PLASTIC STRAWS Effective April 22, 2020 » Go to page 8 • Flexible plastic straws, individually wrapped in paper, must be stocked by food vendors and provided to customers when requested (accessibility requirement). • Ban on all other plastic straws, including: plastic made from fossil fuel products; and plastic that is labeled or described as compostable, degradable or made from plants or other biological materials like corn, potatoes, sugarcane, etc. UTENSILS Effective April 22, 2020 » Go to page 12 • Single-use utensils can only be provided by request. • Self-serve stations are allowed. • This by-law covers single-use spoons, knives, forks and chopsticks of all material types. CUPS Effective January 1, 2022 » Go to page 14 • A minimum fee of $0.25 must be charged for each single-use beverage cup distributed. • Food vendors must report to the City the number of single-use cups distributed in the past 12 months at every location with a business license. • The cup reporting requirement is waived for each business location participating in a reusable cup-share program. SHOPPING BAGS Effective January 1, 2022 » Go to page 18 Plastic Shopping Bags • Ban on plastic shopping bags, including: plastic made from fossil fuel products; and plastic that is labeled or described as compostable, degradable or made from plants or other biological materials. Paper Shopping Bags • A minimum fee of $0.15 must be charged for each paper bag distributed, minimum fee increases to $0.25 in 2023. • Paper shopping bags must contain at least 40% recycled content, and be labeled “recyclable” and “made of 40% recycled content.” • If requested by the City, business license holders must report the number of paper shopping bags distributed during the previous 12 months. Reusable Shopping Bags • A minimum fee of $1 must be charged for each new reusable bag distributed, minimum fee increases to $2 in 2023. • New reusable shopping bags must be designed and manufactured to be capable of at least 100 uses, and made primarily of fabric. • If requested by the City, business license holders must report the number of new reusable shopping bags distributed during the previous 12 months. COVID-19: Under BC Centre for Disease Control guidelines, vendors can provide reusable cups and accept customers’ reusable cups and reusable shopping bags during the COVID-19 pandemic. 4 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
WHICH BY-LAWS APPLY TO YOUR ORGANIZATION SHOPPING BAGS All businesses, charities and not-for-profits with a business license in Vancouver are required to comply with the shopping bag by-law, including: • Food vendors • Second hand stores • Vendors at festivals, special (see list below) • Street vendors events and markets • Retailers FOAM, STRAWS, UTENSILS, CUPS AND SHOPPING BAGS All food vendors with a Vancouver business license must comply with the by-laws for foam, plastic straws, utensils, cups and shopping bags. Food vendors are businesses, charities and not-for-profits that sell prepared food1 or provide charitable food services. 2 • Arenas • Food courts • Limited service food • Bakeries • Delivery services establishments • Bars, lounges (that sell food) • Liquor establishments • Bed and breakfasts • Food manufacturers • Private schools • Breweries • Food retailers • Market outlets • Cafés and tea shops • Food trucks • Not-for-profit corporations • Caterers • Food vendors at festivals • Registered charities • Community centres and events • Restaurants • Concessions • Food wholesalers • Street food vendors • Convenience stores • Grocery stores • Theatres • Delis • Halls • Venues • Drugstores EXEMPTIONS Specific exemptions to each by-law are described throughout this guide. If you are unsure what by-laws apply to your organization, visit vancouver.ca/reduce-single-use or contact our project team at reducesingleuse@vancouver.ca 1 Food meant to be eaten without further cooking. 2 Charitable food services are defined as providing food for free or at low cost by an organization that is incorporated and in good standing under the Societies Act, or registered as a charitable organization under the federal Income Tax Act. S I N G LE- U S E ITEM BY- L AW G U I D E | 5
FOAM BY-LAW EFFECTIVE JANUARY 1, 2020 WHAT YOU NEED TO KNOW • All food vendors are banned from serving prepared food in white and coloured polystyrene foam cups and foam take-out containers. • The ban includes cups, plates, bowls, trays, cartons and hinged (“clamshell”) or lidded containers. • The ban applies to foam cups and containers used for food: • Consumed on the premises • Served as take-out or delivery • Packaged as leftovers. Did you know? • 78% of Vancouverites support the foam ban. Your customers likely do, too. • 84% of Vancouverites think quick-serve restaurants and cafés should provide reusable dishware for eating in. • Only 6% of Vancouver residents reported that they bring foam to a recycling depot. • The majority of foam cups and foam take-out containers are sent to landfill or incinerator. • Foam was the 11th most common type of litter found on Canadian shorelines in 2019 according to the Great Canadian Shoreline Cleanup. 6 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
YOUR TURN: COMPLY WITH THE BY-LAW * Find alternatives to foam: The table at the back of this guide includes suggested alternatives to foam. For a complete and up-to-date list, visit vancouver.ca/foam * Speak with your supplier: Suppliers have been informed of the ban and can help you find affordable, reusable, recyclable and compostable alternatives. * Donate or sell all remaining foam cups and foam take-out containers: Any remaining foam should be sold to businesses outside of Vancouver or donated to charitable food services (if they are accepting donations of foam cups and foam containers). * Sanitize reusable dishes: Follow your food safety and sanitation plan approved by Vancouver Coastal Health to clean and sanitize your reusable dishes. Exemptions 1. Hospitals and community care facilities 2. Foam trays used to package uncooked food The foam ban does not apply to food service for The foam ban does not apply to foam trays used patients in hospitals or residents of community for uncooked meat, poultry, seafood, eggs, or care facilities. vegetables that require further preparation before Important: The foam ban does apply to food they are eaten. vendors with a Vancouver business license whose 3. Foods packaged outside Vancouver premises are located in hospitals or community The foam ban does not apply to prepared foods care facilities (for example: cafeterias, cafés) that packaged and sealed outside of Vancouver in serve prepared food to customers. foam cups and foam take-out containers. Charitable food services (one-year exemption) 4. Selling packages of foam cups and foam The by-law exempts charitable food services3 containers from the ban on foam cups and foam take-out Retailers are still permitted to sell packs of containers until January 1, 2021. However, given multiple foam cups or foam containers for the extenuating circumstances of COVID-19, the personal use. City is using discretion on when and where to enforce Vancouver’s by-laws to reduce single-use items. Within this discretion, charitable food services may continue to distribute single-use items with food or meals during COVID-19. Charitable food services are expected to begin working towards complying with the by-laws as soon as it is possible for them (either during or after COVID-19). Read the full by-law at vancouver.ca/reduce-single-use By-law No. 12416 By-law to amend License By-law No. 4450 regarding polystyrene foam By-law No. 12604 By-law to amend License By-law No. 4450 regarding charitable food services 3 Organizations must be incorporated and in good standing under the Society Act, or registered as a charitable organization under the federal Income Tax Act to qualify for the charitable food services exemption. S I N G LE- U S E ITEM BY- L AW G U I D E | 7
PLASTIC STRAW Food vendors should regularly check BC Centre for Disease Control for the latest health and safety guidelines. Visit bccdc.ca BY-LAW and search “food businesses”. EFFECTIVE APRIL 22, 2020 WHAT YOU NEED TO KNOW Accessibility Requirement (more on page 10) • Businesses, charities and not-for-profits must stock flexible plastic straws individually wrapped in paper and provide them to customers when: A customer requests one. The food vendor asks a customer if they need one, and the customer confirms that they do. • Anyone who asks for a flexible plastic straw should receive one. People are not required, and should not be asked, to provide any medical information to prove their need. • Flexible plastic straws must be stored behind a counter to save them for people who need them. Ban on All Other Plastic Straws, including: • Plastics made from fossil fuel products. • Plastic labeled or described as compostable or degradable (biodegradable, oxodegradable, photodegradable, etc.). • Plastics made from plants or other biological materials (corn, potatoes, sugar cane, etc.), such as PLA (polylactic acid) • Plastics mixed with plant fibres or other materials (sugar cane, etc.). • Plastics labeled or described as bioplastics. • Paper straws lined with any type of plastic. Did you know? • In 2018, about 31 million plastic straws were thrown in the garbage in Vancouver. On top of that, an unknown number of plastic straws were littered in the natural environment. 8 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
YOUR TURN: COMPLY WITH THE BY-LAW * Order flexible plastic straws, individually wrapped in paper, for accessibility: These straws must be stocked and provided upon request by all food vendors. A list of suppliers that sell these straws is available at vancouver.ca/straws * Speak with your supplier about alternatives to banned straws: See pages 24–25 for suggested alternatives. * Apply for the bubble tea straw exemption if you serve bubble tea: More information on the bubble tea exemption is on page 11. Important: bubble tea vendors are still required to stock and provide flexible plastic straws for accessibility. * Add the Accessible Straw Icon to your menus: Add the icon (available in the toolkit) to your print and website menus to show patrons with disabilities that flexible plastic straws are available to them. * Update your software: Update your online, mobile and telephone ordering systems to ensure that customers can request flexible plastic straws, if needed for accessibility. Here is sample wording you can use on your ordering platforms: Flexible plastic straw (for accessibility) Flexible plastic straws are available for customers who are unable to drink without a straw, or have difficulty drinking, so that they can safely consume beverages and nutrition. * Train your staff: Make sure staff understand the straw by-law and that anyone who asks for a flexible plastic straw receives one without being asked to provide any medical information to prove their need. * Keep flexible plastic straws behind the counter: Not at self-serve stations. * Follow VCH sanitization guidelines if you serve drinks with reusable straws: Follow your food safety and sanitation plan approved by Vancouver Coastal Health to clean and sanitize your reusable straws. PLASTIC STRAW BAN Suggested Alternatives Banned Straws that can be composted in the City Banned straws include those made of: of Vancouver’s Green Bin program: • Plastics made from fossil fuel products • Paper straws that are not lined with • Plastic labeled or described as any type of plastic compostable or degradable • Pasta straws (however, may be an (biodegradable, oxodegradable, allergen) photodegradable, etc.) • Rice and tapioca straws (however, • Plastics made from plants or other may be an allergen) biological materials (corn, potatoes, • Straws made of grain stalks like hay sugar cane, etc.), such as PLA and rye (polylactic acid) • Straws made from pressed leaves • Plastics mixed with plant fibres or • Bamboo straws made of real, whole other materials (sugar cane, etc.) bamboo • Plastics labeled or described as bioplastics Reusable Straws: Work with Vancouver Coastal • Paper straws lined with any type of Health to ensure you have systems in place to plastic properly wash and sanitize reusable straws if you use them. Important: None of the materials listed above are accepted in the City of Vancouver’s Green Bin program. S I N G LE- U S E ITEM BY- L AW G U I D E | 9
ACCESSIBILITY REQUIREMENT All Food Vendors Must Stock and Provide Flexible Plastic Straws Individually Wrapped in Paper Flexible plastic straws, individually wrapped in paper, meet the widest range of accessibility needs and ensure that customers who are unable to drink without a straw, or have difficulty drinking, can safely consume beverages and nutrition. People experiencing age-related physical restrictions, arthritis, auto-immune disease, autism, cerebral palsy, dental and oral conditions, multiple sclerosis, muscular dystrophy, neurological disease, spinal cord injuries, stroke recovery and rehabilitation, surgery recovery, and other illnesses and injuries, may rely on flexible plastic straws. This requirement sets the highest standard for accessibility among plastic straw bans and prioritizes inclusion for all people in Vancouver’s diverse communities. Flexible Plastic Straw Specifications: • Plastic (made from fossil fuel products such as polypropylene); • Must have a flexible section near the top that allows the straw to bend and stay in place; • Suggested minimum length of 19.5 cm when the straw isn’t stretched, and approximately 0.5 cm in diameter; • Individually wrapped in paper. • Important: Flexible plastic straws cannot be made from plastic that is labeled or described as compostable, degradable or made from plants or other biological materials. These plastics may dissolve in hot liquids or cause allergic reactions, and do not meet the accessibility requirement. What to Call Flexible Plastic Straws and How to Advertise Their Need: • Name: Flexible plastic straw (for accessibility) • Description: Flexible plastic straws are available for customers who are unable to drink without a straw, or have difficulty drinking, so that they can safely consume beverages and nutrition. MENU ICON FOR FLEXIBLE PLASTIC STRAWS Add this icon to your menus to show customers that you are in compliance with the plastic straw by-law and that flexible plastic straws are available for customers who need them. Download or order resources at vancouver.ca/straws including: • Posters • Sample flexible plastic straws, individually wrapped in paper (for accessibility) • Menu icon and sticker sheets for flexible plastic straws (for accessibility) • Digital files for checkout stands and menu screens • FAQs The menu icon was developed in consultation with the City of Vancouver’s Persons with Disabilities Advisory Committee. 1 0 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
Exemptions 1. Hospitals and Community Care Facilities The plastic straw by-law does not apply to food service to patients in hospitals or residents of community care facilities. Important: The plastic straw by-law does apply to food vendors with a Vancouver business license whose premises are located in hospitals or community care facilities (example: cafeterias, cafes) that serve prepared food to customers. 2. Drink Boxes and Pouches The by-law does not apply to plastic straws attached to drink boxes and drink pouches. 3. Selling Packages of Plastic Straws Retailers are still permitted to sell packages of at least 20 plastic straws for personal use. 4. One-Year Bubble Tea Straw Exemption Food vendors must apply for the bubble tea straw exemption at vancouver.ca/straws A one-year exemption is available for plastic straws served with bubble tea drinks. The exemption allows food vendors to serve bubble tea with plastic straws until April 21, 2021. The bubble tea straw exemption is not automatic and to be eligible, businesses must: • Sell or serve bubble tea drinks; and • Apply for the exemption by submitting the “bubble tea straw exemption” form to the City; and • Submit an exemption form for each business location (if you have multiple locations in Vancouver). Remember: • The bubble tea straw exemption only applies to plastic straws served with bubble tea. All food vendors, including those that serve bubble tea drinks, must still comply with the ban on plastic straws for all other beverages (example: smoothies, cold drinks). • Food vendors who apply for the bubble tea straw exemption are still required to stock and provide flexible plastic straws and provide them to customer when requested (accessibility requirement). • The purpose of the bubble tea straw exemption is to allow time for the market to offer alternative bubble tea straws that are not made from plastic. During COVID-19, charitable food services may continue to distribute single-use items with food or meals, but are expected to begin working towards complying with the by-laws as soon as it is possible for them. Read the full by-law at vancouver.ca/reduce-single-use By-law No. 12618 By-law to amend License By-law No. 4450 regarding plastic straws S I N G LE- U S E ITEM BY- L AW G U I D E | 1 1
UTENSILS BY-LAW Check BC Centre for Disease Control for the latest COVID-19 health and safety guidelines. Visit bccdc.ca and search "food businesses". EFFECTIVE APRIL 22, 2020 WHAT YOU NEED TO KNOW • This is a by-request by-law: single-use utensils can only be provided upon customer request. • The by-law covers single-use spoons, knives, forks and chopsticks of all material types. Stir sticks are not included. • Self-serve stations are allowed under the City’s by-law. However, there may be restrictions from health authorities during the pandemic. • For all dine-in, take-out, in-person, online and telephone orders, food vendors can only provide single-use utensils if: • The food vendor asks a customer if they want a single-use utensil, and the customer confirms that they do, or • A customer requests a single-use utensil, or • A customer helps themselves to a single-use utensil from a self-serve station. • Food vendors cannot automatically include single-use utensils in orders and should not set tables with single-use utensils. Did you know? • 84% of Vancouverites agree that quick-serve restaurants or cafés should provide reusable dishware for eating in. • 71% of Vancouverites believe they would reduce how often they used single-use items if they were asked if they wanted them before making a purchase. • In 2018, about 103 million single-use utensils were thrown in the garbage in Vancouver—not including utensils that are littered in the natural environment. Two thirds were single-use chopsticks and wooden utensils. 12 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
YOUR TURN: COMPLY WITH THE BY-LAW * Update your software: Update your online, mobile and telephone ordering systems to ensure that single-use utensils are not automatically provided and that customers can request the utensils they need. * Adjust your space and systems: Do not set tables with single-use utensils (this means no single-use utensils in baskets or at individual place settings). * Train your staff: Ensure your staff know that single-use utensils can only be provided by-request or at self-serve stations, both when serving dine-in customers and when preparing take-out orders. * Avoid plastic utensils that are made from fossil fuel products, and plastic that is labeled or described as compostable, degradable, or made from plants or other biological materials. These are not accepted in the City’s Green Bin program or Recycle BC’s residential recycling collection program. These materials contaminate existing recycling and composting streams and are not approved for composting under provincial regulation. * Choose: When single-use utensils are required, look for alternatives that can be accepted in the City’s Green Bin program, such as wood or bamboo. Suggested alternatives are on pages 24–25. * Switch to reusable utensils: Speak with your suppliers about switching to reusable utensils, including chopsticks, for patrons who dine-in. Durable, washable and recyclable materials, such as metal, ceramic or hard plastic, are recommended. * Sanitize reusable utensils: Follow your food safety and sanitation plan approved by Vancouver Coastal Health to clean and sanitize your reusable utensils. Exemptions 1. Hospitals and community care facilities The utensils by-law does not apply to food service for patients in hospitals or residents of community care facilities. Important: The utensils by-law does apply to food vendors with a Vancouver business license whose premises are located in hospitals or community care facilities (example: cafeterias, cafes) that serve prepared food to customers. 2. Selling packaged utensils in stores Retailers are still permitted to sell packages of at least 20 single-use utensils sold for personal use. During COVID-19, charitable food services may continue to distribute single-use items with food or meals, but are expected to begin working towards complying with the by-laws as soon as it is possible for them. Read the full by-law at vancouver.ca/reduce-single-use By-law No. 12620 By-law to amend License By-law No. 4450 regarding single-use utensils S I N G LE- U S E ITEM BY- L AW G U I D E | 13
CUP BY-LAW Check BC Centre for Disease Control for the latest COVID-19 health and safety guidelines. Visit bccdc.ca and search "food businesses". EFFECTIVE JANUARY 1, 2022 WHAT YOU NEED TO KNOW • Under the by-law, a minimum fee of $0.25 must be charged for each single-use beverage cup distributed. • Cup fees must be displayed on menu boards, menus and internet-based ordering platforms. • Cup fees must be shown as a separate line item on any receipts provided to customers by using wording such as “CUP FEE”. • Food vendors must tell customers the amount of the cup fee for any orders placed over the phone. • Starting with 2023 license renewals, food vendors must report the number of single-use cups distributed in the past 12 months at each licensed location when they renew their business license each year. • The cup reporting requirement is waived for each business location participating in a reusable cup-share program. Did you know? • In 2018, about 82 million single-use cups were thrown in the garbage in Vancouver. • About 15% of large litter on Vancouver streets is single-use cups. 14 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
YOUR TURN: COMPLY WITH THE BY-LAW * Where possible, make reusables the new norm: As best practice, train staff to automatically offer a reusable cup for drinks to stay, and always ask customers if they need a single-use cup before providing one. Use the City of Vancouver's till toppers or digital graphics to prompt your customers. * Reusable cup-share program: Consider offering your customers a cup-share program for drinks to go. Locations that participate in a cup-share program do not have to report to the City the number of disposable cups distributed per year. To learn more, see the box below. * Sanitize reusable cups: Follow your food safety and sanitation plan approved by Vancouver Coastal Health to clean and sanitize your reusable cups. * Introduce “contactless cups”: Work with your Vancouver Coastal Health environmental health officer to develop a safe-handling procedure for travel mugs. The contactless cup methods on page 16 meet Vancouver Coastal Health requirements. * Update Point of Sale (POS) systems: Update your in-store, online, mobile and telephone POS to charge fees on single-use cups and to ensure receipts display this fee as a separate line item. Fees are subject to GST and PST. * Update menus and menu boards to communicate the cup fee to customers: Here is sample wording you can use on your menu board: Cup Fees: To comply with City of Vancouver by-law requirements, we charge a minimum $0.25 fee for single-use cups. Fees from cups will be used for/to . * Train your staff to communicate the cup fee to customers when taking orders over the phone. * Be transparent with revenue from cup fees: Show your customers how you are using the revenue from the cup fees. Posters to share this information are available as part of our business toolkit at vancouver.ca/cups. * Put a system in place to track the number of single-use cups you distribute each year: You can track this using your electronic POS system, or other methods such as counting how many cups are in your inventory at the beginning and end of the year. * Report single-use cups distributed at locations that do not offer reusable cup-share: Starting with the business license renewal for 2023, the number of single-use cups distributed at each licensed location in the past 12 months must be reported to the City, unless the location is participating in a reusable cup-share program that started anytime in the past year and is communicated to customers at the point of sale. What is a reusable cup-share program? • A reusable cup-share program allows customers to receive their drink in a reusable cup that they can take to-go, and return to the business or another drop-off location at a later time. • It's like car-share or bike-share, but for cups. S I N G LE- U S E ITEM BY- L AW G U I D E | 1 5
$ CUP FEES Food vendors keep fees from cups. Revenue from cup fees is not remitted to the City. Food vendors are encouraged to use the fees to: • Invest in reusable alternatives for single-use items, such as reusable cups for drinks to stay, commercial dishwashers, and reusable cup-share programs. • Cover the cost of complying with the by-law, like software updates, training staff, etc. Help your customers avoid fees and reduce waste by providing reusable cups for drinks to stay, participating in a reusable cup-share program, and encouraging customers to bring their own cup. Discounts can still be offered to reward customers for choosing reusable cups. CONTACTLESS CUP METHODS Used by cafes and restaurants around the world, these methods outline safe procedures for accepting reusable cups during the COVID-19 pandemic and are allowed by Vancouver Coastal Health. Contactless Cup Method 1 Step 1. Customer takes off the lid and places their clean reusable cup on a designated tray or in another container and steps back two metres. Step 2. Staff moves the tray or container to where the drink will be prepared, making sure to prevent any contact with the customer’s reusable cup. Step 3. Without touching the customer’s reusable cup, staff then pours the prepared drink into the customer’s reusable cup. Step 4. Staff bring the tray with the customer’s reusable cup to a countertop where the customer can then take it away. Step 5. Staff wash and sanitize trays and containers after every use. Contactless Cup Method 2 Step 1. Staff prepare the drink in a small jug or reusable "to stay" cup that has been washed and sanitized in a commercial dishwasher Step 2. Staff or customer pours the drink into their travel mug. Step 3. Staff wash and sanitize the cup or jug used for pouring. 1 6 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
CUP BY-LAW Exemptions 1. Hospitals and community care facilities The by-law does not apply to single-use cups used for food service to patients in hospitals and community care facilities. Important: The by-law does apply to food vendors with a Vancouver business license whose premises are located in hospitals or community care facilities (for example: cafeterias, cafes) that serve prepared food to customers. 2. Charitable food services Registered charities and not-for-profit corporations4 are not required to charge fees on single-use cups used to provide beverages for free or at low-cost, or report the number of cups used for this purpose. 3. Food served in cups The cup fee and reporting requirement do not apply to single-use cups used to serve prepared food, such as soup, pudding, frozen desserts, etc. 4. Selling packages of single-use cups in stores Retailers are still permitted to sell packages of at least 6 single-use beverage cups sold for personal use. Read the full by-law at vancouver.ca/reduce-single-use By-law No. 12622 By-law to amend License By-law No. 4450 regarding single-use beverage cups. By-law No. 12844 Amends By-law No. 4450 regarding the effective date of requirements for single-use beverage cups. 4 Organizations must be incorporated and in good standing under the Societies Act, or registered as a charitable organization under the federal Income Tax Act to qualify for the charitable food services exemption. S I N G LE- U S E ITEM BY- L AW G U I D E | 17
SHOPPING BAG Reusable shopping bags are permitted by BC Centre for Disease Control during the COVID-19 Pandemic. Vendors should regularly check BC Centre for BY-LAW Disease Control for the latest health and safety guidelines. Visit bccdc.ca and search “food businesses”. EFFECTIVE JANUARY 1, 2022 WHAT YOU NEED TO KNOW Bag Icons - For reference Bag Icons - For reference • This by-law is specific to shopping bags (i.e. a bag used by customers to transport items purchased or received from a business). • Business license holders must first ask customers if they need shopping bags before providing them. • If requested by the City, organizations must report the number of paper and new reusable shopping bags distributed in the past 12 months at each location. plastic bag option paper bag option paper bag option resuable bag option resuable bag option plastic bag option plastic bag option PLASTIC PAPER NEW REUSABLE SHOPPING SHOPPING SHOPPING BAGS BAGS BAGS BANNED Minimum fees: Minimum fees: $0.15 – 2022 $1.00 – 2022 Applies to plastic shopping bags $0.25 - 2023 $2.00 - 2023 of all thicknesses, made wholly or partially from: Other by-law requirements: Other by-law requirements: • Plastics made from fossil fuel • Must contain at least 40% • Must be designed and products recycled paper content manufactured to be capable of at least 100 uses • Plastic labeled or described as • Must be labeled on the compostable or degradable outside of the bag with the • Primarily made of fabric (see (biodegradable, oxodegradable, Icons 1 word “recyclable” and the table on pages 24–25 for Ic photodegradable, etc.) amount of recycled content examples) (e.g. “Recyclable. Made of • Plastic made from plants or • Reusable shopping bag fees 40% recycled content.”) other biological materials (corn, must be shown as a separate potatoes, sugar cane, etc.) • Paper shopping bag fees line item on any receipts must be shown as a separate provided to customers. • Bioplastic line item on any receipts provided to customers. 1 8 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
YOUR TURN: COMPLY WITH THE BY-LAW * Speak with your supplier about alternatives to plastic shopping bags: See pages 24–25 for suggested alternatives. * Remind customers of bag cleanliness: Help to keep your staff safe by reminding customers to regularly clean their reusable bags. For further information, visit our website: vancouver.ca/bags. * Develop safe, accessible procedures for reusable bags: Follow BC Centre of Disease Control guidelines for frequent handwashing to support your staff with handling reusable bags. Help customers with disabilities by bagging purchases in their reusable bags. * Update your Point of Sale (POS) systems: Update your in-store, online, mobile and telephone POS systems to charge fees on paper and reusable shopping bags. Fees are subject to GST and PST. * Receipts: All businesses are required to display bag fees as a separate line item on any receipts provided to customers by using wording such as “PAPER BAGS” and “REUSABLE BAGS”. * Put a system in place to track the number of paper and reusable shopping bags you distribute each year: You can track the number of paper and reusable shopping bags you give out using an electronic POS, or other methods such as counting how many bags are in your inventory at the beginning and end of the year. * Train your staff/cashiers to ask customers if they need a paper or reusable shopping bag before providing one. * Be transparent with revenue from bag fees: Demonstrate to your customers how you are using revenue from bag fees. * Report shopping bags distributed to the City (if requested): Report the number of paper and reusable shopping bags distributed in the past 12 months if requested by the City. * Donate or sell all remaining plastic shopping bags: Any remaining plastic shopping bags should be sold to businesses outside of Vancouver or donated to charitable and not-for- profit organizations (if they are accepting donations of plastic bags). Charitable organizations sometimes provide empty plastic shopping bags to residents disproportionately affected by income inequality for various uses, such as garbage bin liners or to make footwear more waterproof. S I N G LE- U S E ITEM BY- L AW G U I D E | 1 9
$ BAG FEES Did you know? • Businesses, charities and not-for-profits keep the • In 2018, about 89 million plastic fees from bags. Revenue from bag fees is not shopping bags and 4 million paper remitted to the City. shopping bags were thrown in the garbage in Vancouver. • Organizations are encouraged to use the fees to • Plastic bags were the sixth most cover the cost of complying with the by-law, like common type of litter found on software updates, training staff, etc. shorelines in 2019, according to the • Businesses could also use use fee revenue to fund Great Canadian Shoreline Cleanup. the donation of reusable bags to non-profits and • 95% of Metro Vancouver residents social enterprises that offer programs to residents already own at least one reusable disproportionately affected by income inequality. shopping bag. • Help your customers avoid fees by encouraging them to bring their own bag. • Discounts can be offered to reward customers for bringing their own reusable shopping bags. Charitable Food Services Given the extenuating circumstances of COVID-19, charitable food services may continue to distribute single-use items with food or meals during the pandemic. Charitable food services are expected to begin working towards complying with the by-laws as soon as it is possible for them (either during or after COVID-19). 20 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
SHOPPING BAG BY-LAW Exemptions 1. “Bag-share” or “Take-a-Bag, Leave-a-Bag” 5. Large shopping bags Programs Plastic shopping bags used to transport linens, Businesses, charities and not-for-profits are not bedding or other similar large items that cannot required to charge fees on paper and reusable easily fit in a paper or reusable shopping bag are shopping bags that have already been used by permitted. a customer and returned to be re-used by other 6. Bags that aren’t shopping bags customers. They are also not required to report the The by-law is specific to shopping bags and number of bags distributed that have already does not apply to other types of bags. This been used by a customer at least once. means that there is no ban, required fees or Note: If a business, charity or not-for-profit provides reporting requirement for bags, made from any a reusable bag-share program, they should work with material, used to: Vancouver Coastal Health to address how they will sanitize them effectively within their sanitation plan. This • Contain loose bulk items such as fruit, means the reusable bag must be washable or constructed vegetables, nuts, grains, or candy from a material that can be effectively sanitized. • Contain loose small hardware items such as 2. Charitable Food Services nails and bolts Registered charities and not-for-profit • Protect bakery goods that are not corporations5 are not required to charge fees on pre-packaged prior to the point of sale paper and reusable shopping bags used to provide • Contain or wrap frozen foods, meat, food for free or at low cost, or report the number poultry, or fish, whether pre-packaged of bags used for this purpose. prior to the point of sale or not • Wrap flowers or potted plants 3. Shopping Bags for Prescription Drugs • Transport live fish Pharmacies are not required to charge fees • Protect newspapers or other printed on paper and reusable shopping bags used to material intended to be left at the transport prescription drugs, or report the customer’s residence or place of business number of bags distributed for this purpose. • Protect clothes after professional 4. Small paper bags laundering or dry cleaning Businesses, charities and not-for-profits are not • Line garbage and compost bins required to charge fees on small paper bags • Collect pet waste (less than 15 cm x 20 cm when flat), or report the • Package sandwiches number of small paper bags distributed. This list is not exhaustive. Other bags that do not meet the by-law definition of a shopping bag are also not subject to bans or required fees at this time. Read the full by-law at vancouver.ca/reduce-single-use By-law No. 12624 By-law to amend License By-law No. 4450 regarding shopping bags By-law No. 12843 (amends By-law No. 4450 regarding the effective date of requirements for shopping bags) By-law No. 12866 By-law to amend License By-law No. 4450 regarding shopping bag fee schedule 5 Organizations must be incorporated and in good standing under the Societies Act, or registered as a charitable organization under the federal Income Tax Act to qualify for the charitable food services exemption. S I N G LE- U S E ITEM BY- L AW G U I D E | 2 1
COMPOSTABLE AND DEGRADABLE PLASTICS It’s time for some myth busting. You might be surprised to find out what happens to these items after your customers are done with them. Fact #1 Plastic that is labeled or described as: • compostable, • degradable (biodegradable, oxodegradable, photodegradable, etc.), • bioplastic, or • made from plants or other biological materials: g Is not designed to biodegrade if littered in the natural environment; g Is not accepted in the City’s Green Bin organics program; g Contaminates existing composting and recycling streams; and g Is not approved for composting under BC Provincial regulation. Fact #2 Plastic that is labeled or described as compostable or degradable is also not accepted in Recycle BC’s residential recycling program. Fact #3 As contaminants, plastics that are labeled or described as compostable, degradable or made from plants, are most likely to be removed from local composting streams and then disposed to landfill or incinerator. WHAT TO CHOOSE INSTE AD The City encourages food vendors to choose reusable alternatives wherever possible. Otherwise, the City suggests alternatives made from materials that are accepted for composting in the City’s Green Bin program or for recycling in the Recycle BC residential recycling program. Find a list of suggested alternatives on pages 24–25. 2 2 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
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SUGGESTED ALTERNATIVES For a complete and up-to-date list, visit VANCOUVER.CA/REDUCE-SINGLE-USE RECYCLABLE COMPOSTABLE ITEM REUSABLE Accepted in Recycle BC’s residential recycling collection program Accepted in the City of Vancouver Green Bin CO NTAI N E R S Ceramics Tiffins Steel trays/ Plastic Plastic bowls Glass jars Paper containers Aluminum Plastic Moulded fibre or pulp Paper plates Leaf plates Containers coated in plastic containers containers containers and bags and cups STR AWS R EC YC L A B LE S U B S TIT U TE S A R E N OT Metal straws Glass straws Silicone straws C U R R E NTLY AVAI L A B LE Paper straws Pasta straws Hay straws UTE N S I L S R EC YC L A B LE S U B S TIT U TE S A R E N OT C U R R E NTLY AVAI L A B LE Metal cutlery Wood or plastic Plastic and Wood and Unpainted wood or and chopsticks chopsticks ceramic cutlery bamboo utensils bamboo chopsticks CU P S CO M P OS TA B LE S U B S TIT U TE S A R E N OT C U R R E NTLY AVAI L A B LE Ceramics Glassware Reusable travel mugs Paper cups and containers Rigid plastic cups with coated with plastic plastic lids S H O P PI N G BAG S Cotton, canvas and string bags Jute and burlap bags Nylon and polyester CO M P OS TA B LE S U B S TIT U TE S A R E N OT C U R R E NTLY AVAI L A B LE Paper bags with Recycled polyethylene Woven and non-woven paper or fibre handles terephthalate (PET) polypropylene (PP) Sourcing Reusable Shopping Bags: The by-law requires that reusable shopping bags are designed and manufactured to be capable of at least 100 uses and are primarily made of fabric. Sourcing Paper Shopping Bags: Paper shopping bags must contain at least 40% recycled paper content. Consider choosing paper shopping bags with even higher recycled content amounts. Make the bags as recyclable as possible: • avoid plastic windows, plastic layers, waxed paper, and lots of ink • choose paper or fibre handles instead of rope, chord or ribbon Ensure the bags are labelled on the outside with the words “Recyclable” and the amount of recycled content. 24 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E S I N G LE- U S E ITEM BY- L AW G U I D E | 2 5
ENFORCEMENT Charitable food services may continue to distribute single-use items with food or meals during COVID-19. Charitable food Due to the extenuating circumstances of COVID-19, City staff are services are expected to begin working towards complying prioritizing outreach and education to ensure businesses have the with the by-laws as soon as it is support they need in order to comply with the single-use item possible for them. by-laws. If a business is found to be out of compliance with the single-use item by-laws that are in effect, initial City actions will focus on education, outreach and support to help them comply. Following these initial education actions, increasing levels of enforcement may be applied to address non-compliant operators. Enforcement may include issuing tickets, which carry a fine of $500 per offence, or further prosecutions in provincial court that could be subject to a maximum fine of $10,000 per offence. Ongoing non-compliance may also result in business licence suspensions, or recommendations for business licence revocation. For the latest updates on enforcement, visit vancouver.ca/reduce-single-use By-laws The provision for the $500 fine is in the Ticket Offences By-law No. 9360. 26 | VAN CO U VER .C A / R E D U CE -S I N G LE - U S E
FEDERAL REGULATION OF SINGLE-USE ITEMS The City has advocated for harmonized regulations at the provincial and federal level to reduce single-use items since we adopted our Single-Use Item Reduction Strategy in 2018. The Federal government has announced their intention to regulate single-use items as early as 2021. If the Federal government proceeds with its regulations, Vancouver City Council may consider how these regulations affect its by-laws and change them. Until then, Vancouver business licence holders are required to comply with the City’s single-use item by-laws. For more information on the Federal government’s action on single-use items, visit canada.ca/en/environment-climate-change/services/managing-reducing-waste/zero-plastic-waste.html S I N G LE- U S E ITEM BY- L AW G U I D E | 27
THANK YOU TO ALL BUSINESSES, CHARITIES AND NOT-FOR-PROFITS WHO ARE TAKING STEPS TO COMPLY WITH THE BY-LAWS AND ARE ACTIVELY WORKING TO REDUCE SINGLE-USE ITEMS AND LITTER IN VANCOUVER. For more information: Phone: 3-1-1 TTY 7-1-1 Visit: Vancouver.ca/reduce-single-use 致電 3-1-1 致电 3-1-1 ਪੰ ਜਾਬੀ 3-1-1 Hoi Chi Tiêt 3-1-1 Obtenga Información 3-1-1 Published: July 2021 This guide is intended to help businesses, charities and not-for-profits comply with the by-laws for single-use items, and includes simplified language. This guide is not a by-law. If a compliance or enforcement issue arises, the by-law wording governs. 2 28 | | VA N CCO VAN O UU E R .C.CAA/ /RREEDDUUCCE VVER E - -S S I INNGGLLE E --UUSSEE
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